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Commission on political power
Over the last thousand years or so the monarchy – as head of state – has represented an evolved and evolving institution. The question we face today is: what is the best structure for the country of the future?
The Commission on Political Power was established to look at how our democratic systems are functioning and to formulate ideas for how we could develop. The Commission is building on academic and policy work by a wide range of experts and organisations.
It is clear that the head of state is imminently going to go through a period of change and it is our contention that the country should not slide unthinkingly into that transition, but should consider what choices are realistically available and what the implications are for each of them.
This options paper sets out, briefly, several scenarios for discussion and consultation, on the role of the head of state within the UK’s constitution and Parliamentary democracy.
The central issue it seeks to investigate is the ‘grey’ area in Britain’s political settlement when it comes to the role of the head of state. In other political systems, the role of the head of state comes with clearly-defined powers which are exercised explicitly to act as a check on the executive. This is not the case in the UK.
In the UK, the role of the head of state is occupied by an hereditary monarch premised on the principle of primogeniture. Theoretically, the head of state possesses a number of prerogative powers which act as a check on the executive branch of our political system – specifically the prime minister who heads an elected government. Practically, however, these royal prerogative powers are not used – which leaves a vacuum on any constriction of executive power.
Under the reign of the UK’s current head of state, Queen Elizabeth II, a constitutional principle has been established that these powers will not be used – not least because, as an hereditary position, there is no inherent elected legitimacy associated with the role. As such, if the UK’s current – or any future – monarch did choose to exercise these hard powers, or soft influence, a constitutional crisis of sorts may be triggered. There is thus no check on the executive from the head of state.
Added to this, in the UK’s Parliamentary system, the legislative branch is not able to serve as a truly independent check against an overreaching executive either since, by definition, the executive’s very existence is contingent on it commanding a majority in the legislature – Parliament. Nor is there an option such as exists in many other democracies for the UK’s judicial branch to fulfil that function through means of a constitutional court, as the UK does not have a formal written constitution and rather relies heavily on certain unwritten conventions and norms which have evolved over time. The tradition that Parliament is sovereign means that it can also overturn any ruling from the courts that it dislikes by passing new laws.
The non-exercise of the head of state’s prerogative powers, combined with the lack of sufficient checks and balances from other institutions, therefore means that there is a gap when it comes to having a check on the executive in the British political system.